FEATURE ARTICLE
Washington’s Municipal Water Law Upheld by State Supreme Court by Sarah Mack, Tupper | Mack | Brower | Jensen | Wells PLLC, Seattle, Washington35
WESTERN WATER NEWS
New Study Concludes Climate Change May Pose a Severe Threat to Lake Tahoe39
LEGISLATIVE DEVELOPMENTS
California Environmental Quality Act Amendments Signed into Law, Effective Immediately41
REGULATORY DEVELOPMENTS
EPA Environmental Appeals Board Applies Rapanos’ Significant Nexus Standard—Finds Wetlands Subjected to Clean Water Act Jurisdiction43
Nevada State Engineer Denies ‘Speculative’ Inter-Basin Transfer Applica-
tions45
Oregon Department of Environmental Quality’s Re-Write of State Turbidity Standards—A Difficult Challenge48
San Francisco Renews Agreement with the National Park Service for Protection of Hetch Hetchy Reservoir Water Quality50
LAWSUITS FILED OR PENDING
Federal Judge Orders Review of Polar Bear’s Threatened Status under Endangered Species Act52
Pacific Coast Fishermen Challenge Rules Allocating Groundfishing Rights to Trawlers53
JUDICIAL DEVELOPMENTS
Federal:
Ninth Circuit Finds No Error in EPA’s Decision to Transfer Clean Water Act NPDES State Administration to Alaska56
Akiak Native Community, et al., v. U.S. Environmental Protection Agency, et al., ___F.3d___, Case No. 08-74872 (9th Cir. Nov. 4, 2010).
Eleventh Circuit Holds District Court Violated Separation of Powers Doctrine by Ordering EPA Administrator to Personally Appear in Court58
In re USA, U.S. Environmental Protection Agency, ___F.3d___, Case No. 10-14535 (11th Cir. Oct. 28, 2010).
State:
Colorado Supreme Court Uphold’s Proposed Change of Water Right—Declines to Address Inconsistent Water Court Rulings on Accretions to Net-Losing Ditch60
City & County of Broomfield v. Farmer’s Reservoir & Irr. Co., 235 P.3d 296 (Colo. 2010).
